Is that a VA law? Because it is not a Federal one.
You have a responsibility not to KNOWINGLY sell to a prohibited person, but you do not have the requirement to even ask if they are or are not prohibited.
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Petersburg Police: Cash for Guns!!
- Thread starter Repeater
- Start date
Is that a VA law? Because it is not a Federal one.
You have a responsibility not to KNOWINGLY sell to a prohibited person, but you do not have the requirement to even ask if they are or are not prohibited.
Relax, grasshopper. The word "attest" does not always mean filling out a form and swearing an oath.
I ask "Do you live in Virginia? Are you legal to own guns?" and you reply "Yep to both." You have just attested.
And unless I had previous contact with the person, how would I "know" they were a prohibited person? I avoid "knowingly" selling to a prohibited person by asking them if they are not, and if there is some reason in my mind to question their response I either call off the deal or ask them for verification of whatever I'm uneasy about - like asking to see a DL or (aplogoies to peter nap) asking to see their CHP that proved that only proves that on the day it was issued they were not prohibited.
stay safe.
jegoodin
Newbie
Aren't we a little late to the conversation? Read my explanation to Blk97F150.
Let's review the scenario we were talking about.
A "private citizen", who happens to be a member of an anti-gun group is sitting at a card table in a Baptist church with a stack of donated $60 and $100 gift cards. There is a line of people coming through the door of the church with guns to trade for the gift cards.
Now envision that one of these people drove all the way from NC, where he lives, with a GLOCK 18 that has had the little silver tag on the frame removed.
Of course, all three of these things doesn't have to be embodied in the same transaction.
My point was that if "no questions" are asked, the person sitting at the table is taking a huge risk.
Oh and to make the scenario even better let's suppose that Bloomberg recruited a volunteer working for the anti- group to come down from NY to help out and they are sitting the next card table and the next person in line is average Joe law abiding VA citizen with a rusty ancient revolver that's basically worthless and figures $60 for the POS is a good deal.
If these transactions are completed, I think all these people are now felons and the excuse of "I had no idea it was illegal to buy an out of state fully automatic handgun with the serial number removed." and "I didn't know he is from NY." is going to fly.
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I'm not disputing the meaning of "attest."
I'm asking if attesting is required by VA law, because a post said it would be necessary, yet it is not required by Federal law that I can see.
Around here it is common to meet a guy in a parking lot, buy or sell a gun without asking a damn thing, and leave.
Actually, I don't see how that answered my question.
What is this "risk" exactly?
What crime is being committed?
Actually, it IS required by federal law. Private handgun transfers can only occur among residents of the same state. This was enacted as part of the federal Gun Control Act of 1968. The applicable federal regulation is 18 USC 922 (a)(3):
(a) It shall be unlawful - (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State...
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jegoodin
Newbie
Well in the theoretical transaction I described, I think (it is my interpretation; however, IANAL) there were at least 3 violations being committed.
18 USC 922 (a)(3), 18 USC 922 (a)(4), 27 CFR 478.34
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Actually, I'm not disputing that.
What you cite does not place any burden on the private seller to verify or inquire about the residency of the buyer.
I'm not even telling people not to ask, but a statement was made that it was necessary to do so, and I'm asking for verification of that.
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Again, to clarify, where does it say that a private seller must inquire the status of the buyer?
I thought we answered that back on page 2.
The verbiage does not require the audible or written exercise thereof - let the unwary proceed at the own risk.
Lasjayhawk
Regular Member
Ya'all should have been quiet and convinced them they needed an high profile buyer to sit at the table an buy the guns for publicity. You know somebody important like the mayor of NYC. 
Would love to see a headline like Bloomberg arrested on federal firearms charges.
Would love to see a headline like Bloomberg arrested on federal firearms charges.
So, then, is this directed at me, or those insisting that the seller has legal burden?
Waryness is beside the point, especially here where cites are respected.
It may very well be that it is more wary to do so in VA. But I never disputed that.
I was in VA just over a week ago. I managed not to illegally buy any firearms while there. I did my legal duty as a potential buyer.
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Ya'all should have been quiet and convinced them they needed an high profile buyer to sit at the table an buy the guns for publicity. You know somebody important like the mayor of NYC.
Would love to see a headline like Bloomberg arrested on federal firearms charges.
Bloomie come to Virginia? Maybe under the cover of darkness and out before anyone knew he was here.......sort of like a sneak thief. Think he has little testicular fortitude.
Repeater
Regular Member
Be careful what you wish for:
[size=+2]Bloomberg May Court McAuliffe to Bring Gun Control to Virginia[/size]
Really? What kind of gun? Is it registered?
marshaul
Campaign Veteran
True Virginians are born owning guns.
half_life1052
Regular Member
marshaul
Campaign Veteran
jegoodin
Newbie
I did not say "must inquire". I said there is a risk if you don't inquire.
Just like you don't have to check to see if the serial number is removed and you could look at our theoretical gun and think it to be a G17; however, if you bought the gun you would still be breaking the law.
TFred
Regular Member
Exactly.
Consider a driving analogy.
The law says you may not exceed the speed limit. As best I know, there is no law that requires you to have, or to ever look at, a working, accurate speedometer. That's entirely up to you, but if you get a speeding ticket, the judge isn't really going to care that you didn't have - or bother to look at - a speedometer.
TFred
ETA: Ha ha, always check the Code! Looks like you don't have to have a speedometer, but if you do, it better be right.
§ 46.2-1080. Speedometer in good working order.
It shall be unlawful for any person to possess with intent to sell or offer for sale, either separately or as a part of the equipment of a motor vehicle, or to use or have as a part of the equipment of a motor vehicle, or to use or have as equipment on a motor vehicle operated on a highway any speedometer which is not in good working order.
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